Stripping Away Identity: the Dangers of a Repressive New Nationality Law in Egypt
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Stripping Away Identity: The Dangers of a Repressive New Nationality Law in Egypt Nael Shama December 2017 SNAPSHOT SUMMARY • The Egyptian cabinet’s recently proposed amendments to the Nationality Law would enable the government to revoke citizenship from peaceful opponents of the regime of Abdel Fattah al-Sisi under a sweeping definition of who poses a threat to “state security” and “public order.” • If approved by the overwhelmingly pro-regime parliament, the revised law would constitute a new and unprecedented tool in the regime’s repressive toolkit. The law could be wielded against opposition figures inside the country as well as members of Egypt’s growing exile community. • The proposed amendments contravene Egypt’s 2014 constitution and international human rights norms. • Egypt appears to be borrowing from the playbook of authoritarian Gulf monarchies that use the extreme tactic of annulling the citizenship of opposition figures. INTRODUCTION Indeed, on September 20, 2017, with little public warning, the Egyptian cabinet Last December, Mostafa Bakry, a staunchly approved amendments to the Nationality Law pro-regime member of parliament, proposed that would allow the state (technically, the legislation to revoke the citizenship of anyone cabinet) to strip citizenship from Egyptians in Egypt convicted of committing a “terrorist it deems a “threat to national security” or crime.” More than 100 lawmakers supported involved in “undermining public order.”1 the bill, but the government opposed it, Laws enacted by the regime of President apparently because it planned to introduce Abdel Fattah al-Sisi define threats to national even more stringent measures. security and public order in a disturbingly 1. “Egypt Proposes Stripping Citizenship from Individuals Posing a ‘Security Threat’ to the State,” The New Arab, September 22, 2017, https://www.alaraby.co.uk/english/news/2017/9/22/egypt-proposes-stripping-citizenship-from-individuals-posing- security-threat. PROJECT ON MIDDLE EAST DEMOCRACY STRIPPING AWAY IDENTITY: THE DANGERS OF A REPRESSIVE NEW NATIONALITY LAW IN EGYPT broad manner, to encompass peaceful political actions that include some forms of protest, assembly, civic activism, and speech, and the regime has used these laws to harass or imprison many journalists, activists, and human rights defenders. Revocation of citizenship means the annulment of certain rights ensured by the Egyptian constitution, including access to employment, healthcare, education, subsidized food, and other governmental services.2 It also means severe or complete restrictions on travel, the loss of status in society, and the severing of practical and emotional ties with one’s The Egyptian cabinet passed amendments to the Nationality Law homeland. on September 20, 2017. Photo: Cabinet of Ministers The regime’s internal decision-making process nationality without the consent of the Interior is so opaque that it is difficult to know who Ministry; is serving in a foreign army without came up with the idea for the amendments prior authorization; has been convicted of a or when they will be sent to parliament for crime while residing abroad that harms Egypt’s approval. But simply the fact that the cabinet foreign security interests; refuses to follow a has approved the text should raise alarms. cabinet order to leave his or her employment Citizenship is a fundamental aspect of one’s with a foreign government or a foreign or identity. Withdrawing it for political reasons is international “body” that is deemed contrary an extreme form of state punishment.3 to national interests; is working abroad for an agency that aims to undermine the state’s social or economic order; is serving a foreign state or THE ORIGINAL LAW AND government that is at war with Egypt or with THE PROPOSED AMENDMENTS which diplomatic relations have been severed; or is “characterized at any time by Zionism.”4 In its original form, the Nationality Law (Law No. 26/1975) stipulates the conditions under According to Egyptian passport officials, during which the state can revoke citizenship from the 42 years of the law’s existence, only 22 natural-born and naturalized Egyptians. These citizens have been stripped of their citizenship.5 include if someone: has obtained another According to the Official Gazette, however, 2. According to Egypt’s constitution, citizenship entitles Egyptians to a set of rights, including to state employment “on the basis of merit” (Article 14), to comprehensive health care (Article 18), and to education (Article 19). Constitution of Egypt, 2014; English translation available at http://www.sis.gov.eg/Newvr/Dustor-en001.pdf. 3. The United States Supreme Court ruled in 1958 (case of Trop v. Dulles) that citizenship “is not a license that expires upon misbehavior. Rather, it can only be voluntarily renounced by express language and, or, conduct.” The court described denationalization as “a form of punishment more primitive than torture” because it inflicts the “total destruction of the individual’s status in organized society.” It is possible for a naturalized U.S. citizen to have his or her citizenship revoked, but only under very narrowly defined circumstances, and the action is quite rare. Natural-born U.S. citizens cannot be stripped of their citizenship. With the rise of international terrorism by transnational groups such as the Islamic State of Iraq and al-Sham (ISIS) in recent years, some democracies have adopted harsher policies toward the citizenship of their nationals who are involved in terror crimes. The United Kingdom, for example, stripped at least 152 British ISIS recruits of citizenship in 2016 and 2017. Denmark and Australia used similar measures against some of their nationals convicted of terrorism in the past few years. In all these cases, notably, those stripped of citizenship had to meet two crucial conditions: 1) they were convicted of terrorism by a court; and 2) they possessed a second nationality (dual nationals). Egypt’s proposed changes to its nationality law, by contrast, would also apply to dual citizens and those who do not have another nationality. 4. Egypt’s nationality law differentiates between two categories of nationality: foreigners who acquired citizenship through naturalization (naturalized citizens) and Egyptians who received citizenship at birth (natural-born citizens). When referring to revocation of citizenship, the law uses the term ‘sahb’ (withdrawal) for naturalized citizens and the term ‘isqat’ (renunciation) for natural-born citizens. In this paper, the general term “revocation” refers to both categories. The full text of the law can be found here (in Arabic): https://deltalaw. blogspot.com.eg/2012/09/26-1975-154-2004.html?m=1. 5. “Head of Passports Department: We Revoked the Citizenship of 22 Citizens Over 42 Years,” Youm7 [Arabic], September 29, 2017, https://tinyurl.com/ybl6ekof. 2 pomed.org STRIPPING AWAY IDENTITY: THE DANGERS OF A REPRESSIVE NEW NATIONALITY LAW IN EGYPT the state revoked the citizenship of at least 23 by the cabinet on September 20, together with people between March 2014 and September news reports citing statements from Interior 2015 alone, during the brief premiership of Ministry officials about the law, indicate three Ibrahim Mehleb.6 In addition, according to main areas for concern.8 news reports, at least nine more Egyptians were stripped of their citizenship from October 2015 One proposed amendment would require through November 2017.7 natural-born Egyptian nationals working abroad for a foreign government or a foreign or international body to leave their posts immediately if the state orders them to quit.9 If they do not comply, their citizenship is at The official statement risk. The original text allows a six-month grace period. The exact meaning of the term “body” in issued by the cabinet on this context is not clear. Potentially, this article September 20, together with could be deployed against Egyptians who fled the country during the wave of repression news reports, indicate three following al-Sisi’s July 2013 ouster of President main areas for concern. Mohamed Morsi who are now working abroad in various foreign media outlets or human rights organizations. Or it could be used to intimidate Egyptian nationals working overseas for international organizations from expressing oppositional political views. Some of the proposed amendments acccord with global practices. One change would A second proposed amendment would give increase the waiting period for the offspring the state the right to revoke citizenship from of an Egyptian mother and a foreign father to Egyptians living abroad convicted of harming obtain Egyptian nationality from one to two Egypt’s external and domestic security.10 In the years. Another would give the authorities original law, natural-born citizens could only the right to revoke the citizenship of anyone have their citizenship stripped for harming who used fraudulent means or provided false Egypt’s external security interests (such as information to acquire it. through espionage). The proposed change would also make their citizenship vulnerable Other amendments, however, are far from if they are convicted of actions that harm the standard and are potentially dangerous. The country domestically such as through disturbing full text of the amended law has not yet been public order, opposing the regime, and so forth. made public, but the official statement issued (Both conditions already applied to naturalized 6. Hassan Gouda, “Egyptian Nationality in Court Halls: